N.Y. Environmental Conservation Law § 71-1709: Formal hearings; notice and procedure

§ 71-1709. Formal hearings; notice and procedure.

1. The commissioner, or any person designated by him for this purpose,

may issue subpoenas and administer oaths in connection with any hearing

or investigation under or pursuant to the provisions of this chapter

listed in sections 71-1701 and 71-2503, and of titles 17 through 21

inclusive and title 43 of this article, and it shall be the duty of the

commissioner and any persons designated by him for such purpose to issue

subpoenas at the request of and upon behalf of the respondent.

2. The commissioner and those designated by him shall not be bound by

the laws of evidence in the conduct of hearing proceedings, but the

determination shall be founded upon sufficient legal evidence to sustain

it.

3. Notice of hearing shall be served at least fifteen days prior to

the date of the hearing, provided that, whenever because of danger to

the public health it appears prejudicial to the interests of the people

of the state to delay action for fifteen days, the commissioner may

serve the respondent with an order requiring certain action or the

cessation of certain activities immediately or within a specified period

of less than fifteen days and the commissioner shall provide an

opportunity to be heard within fifteen days after the date the order is

served.

4. Service of notice of hearing or order shall be made by personal

service or by registered or certified mail. Where service, whether by

personal service or by registered or certified mail, is made upon an

infant, incompetent, partnership, corporation, governmental subdivision,

board or commission, it shall be made upon the person or persons

designated to receive personal service by article 3 of the Civil

Practice Law and Rules.

5. The Attorney General may prefer charges, attend hearings, present

the facts, and take any and all proceedings in connection therewith.

6. At a hearing, the respondent may appear personally, shall have the

right of counsel, and may cross-examine witnesses against him and

produce evidence and witnesses in his behalf.

7. Following a hearing, the commissioner may make appropriate

determinations and issue an order in accordance therewith.

8. The commissioner may adopt, amend and repeal administrative rules

and regulations governing the procedures to be followed with respect to

hearings, such rules to be consistent with the policy and purpose of the

provisions of this chapter listed in section 71-1701, and of titles 17

through 21 inclusive and title 43 of this article and the effective and

fair enforcement of their provisions.

9. The provisions of this section shall be applicable to all hearings

held pursuant to the provisions of this chapter listed in section

71-1701, and of titles 17 through 21 inclusive and title 43 of this

article, except where other provisions of such articles, titles,

sections and subdivisions applicable thereto are inconsistent therewith,

in which event such other provisions shall apply.